Harmonisation of choice of law rules on same-sex marriage

Clayton-Helm, Lauren (2020) Harmonisation of choice of law rules on same-sex marriage. In: Same-Sex Relationships, Law and Social Change. Taylor & Francis, London, pp. 51-68. ISBN 9780429021589

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Official URL: https://doi.org/10.4324/9780429021589-5


Across the EU, the validity of a same-sex marriage has the potential to change whenever a state border is crossed. Building on previous suggestions for Europeanisation of essential validity, this chapter will analyse the cases of Obergefell v Hodges, and Coman and Others v Inspectoratul General Pentru Imigrari and Others. It demonstrates that harmonisation of the applicable law when assessing a multistate same-sex marriage is possible. Obergefell will highlight that a unified approach is the only way to achieve certainty, and that such an approach is achievable, despite the dissonant views of the Member States. Analysis of Coman will provide a harmonised framework for the adduced proposition, requiring all Member States to recognise same-sex marriages for the purpose of free movement laws.

Item Type: Book Section
Subjects: M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Elena Carlaw
Date Deposited: 03 Mar 2020 11:28
Last Modified: 03 Mar 2020 11:28
URI: http://nrl.northumbria.ac.uk/id/eprint/42327

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